Copyright Amendment (Service Providers) Bill 2017 (Cth)

Document type
Proposed Law
Country
Australia
Copyright Amendment (Service Providers) Bill 2017

The Copyright Amendment (Service Providers) Bill 2017 is currently before the Australian Parliament. It proposes to extend the copyright safe harbours to a limited category of other 'service providers': organisations assisting persons with a disability; libraries; archives; 'key cultural institutions'; educational institutions.

Country
Australia
Topic, claim, or defense
Copyright
Document type
Proposed Law
Issuing entity
Legislative Branch
Type of service provider
Other
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Account Termination
Type of liability
Secondary
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Related entries
Legislation
Australia

Trade Agreement Implementation Act 2004 (Cth) Sch 9 & Copyright Legislation Amendment Act 2004 (Cth) Sch 1 (Safe Harbours)

Trade Agreement Implementation Act 2004 (Cth) Sch 9 & Copyright Legislation Amendment Act 2004 (Cth) Sch 1 (Safe Harbours) Safe harbours for intermediaries were introduced as part of the Australia - United States Free Trade Agreement (Ch 17) by the US Free Trade Agreement Implementation Act 2004 (Cth) Sch 9 and amended by the Copyright Legislation Amendment Act 2004 (Cth) Sch 1. The safe harbours largely follow the structure of 17 USC 512, although they have been substantially redrafted. The safe harbours limit the liability for intermediaries to injunctive relief for transmission, caching, hosting, and indexing activities (Section 116AG). The conditions imposed on intermediaries seeking to rely on the safe harbours include a reasonably implemented termination policy for repeat infringers and a notice and takedown...